TITLE X 

PUBLIC HEALTH 

CHAPTER 125-C 

AIR POLLUTION CONTROL 

Section 125-C:4 

125-C:4 Rulemaking Authority; Subpoena Power. - 

I. The commissioner shall adopt rules under RSA 541-A, relative to : 

(a) The prevention, control, abatement, and limitation of air pollution, including, but 

not limited to, open air source pollution, mobile source pollution, and stationary source 

pollution. 

(b) Primary and secondary ambient air quality standards. 

(c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9 . 

(d) The establishment and operation of a statewide permit system, as authorized by 

RSA 125-C :6, XIV, RSA 125-C:11, I and RSA 125-C : 11, I-a . 

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the 

permit requirements of RSA 125-C :11, as authorized by RSA 125-C:11, lI . 

(f) The exemption of certain devices and non-Title V sources from the permit 

requirements of RSA 125-C:11, I and the conformance of exempted devices to 

established standards, as authorized by RSA 125-C :11, I . 

(g) The forms and information required on applications for temporary and permanent 

permits required under RSA 125-C:11, as authorized by RSA 125-C :12, I. 

(h) Notification of and public hearing on permit applications, including exemptions 

from those requirements, as authorized by RSA 125-C :12, II . 

(i) Fees for permit application and review, as authorized by RSA 125-C :12, IV-d. 

(j) Procedures for permit application review, as authorized by RSA 125-C :11, IV, 

and criteria for permit denial, suspension or revocation, as authorized by RS A 125-C:13 . 

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by 

RSA 125-C:6, XI. 

(1) Procedures for receiving violation complaints and for rules enforcement, as 

authorized by RSA 125-C:15, I. 

(m) Procedures for granting variances, as authorized by RSA 125-C:16 . 

(n) The manufacture, use, or sale of consumer products for purposes of implementing 

RSA 485:16-c. 

(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin 

as provided in RSA 125-C:10-b, VII(f). 

(p) The duration of time during which no additional best available control technology 

determination is required as provided in RSA 125-C:10-b, IV and VI. 

(q) Procedures for establishing standards for and certification of any material, that is 

not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125-

C:10-b . 
(r) Standards and testing requirements for biomass and eligible biomass fuel as 

authorized by RSA 125-C:6, XIV-a. 

I-a . In adopting rules under paragraph I, the department may incorporate by reference 

standards issued by the California air resources board relative to certification and testing 

of vapor recovery equipment. 

I-b. In adopting rules under subparagraph I(n), the department may incorporate by 

reference other state test methods and procedures that are referenced in the model rules of 

the Ozone Transport Commission (OTC) concerning consumer products, as defined in 

RSA 125-C :2, -V-c. 

II. The commissioner is authorized to issue subpoenas requiring the attendance of such 

witnesses and the production of such evidence and to administer such oaths and to take 

such testimony as he may deem necessary. 

Source. 1979, 359:2 . 1986, 202:8 . 1996, 228 :19, 104 ; 278:2, 3 . 2001, 293 :5 . 2003, 137:3 . 

2004, 175:2, eff. May 27, 2004. 2005, 173:3, eff. June 29, 2005 . 2008, 1133, eff. Aug. 2, 

2008. 2010, 183:6, eff. June 21, 2010.